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HomeMy WebLinkAboutDocumentation_Regular_Tab 10-A_5/14/1998 MEMORANDUM To: Thomas G. Bradford, Village Manager From: Scott D. Ladd,Director of Community Development ig Date: May 4, 1998 Subject: Vander Waal Petition for Right-of-Way Abandonment Tom, attached are eighteen(18) sets of packets for the above referenced subject. Please place this item on the May 14, 1998, Council agenda. Staff recommends approval. /jmb Attch. Vander Waal Realty, Inc. ,RECEi V5 308 Tequesta Dr., Ste. 1 Tequesta, FL 33469 1 O C T 2 70,37 (561) 743-0572 Fax (561)-743-2341 Sales Leasing Investments `ja DEPT. (,c,16 October 2 , 997 Village Of Tequesta Scott Ladd 357 Tequesta Dr. �v 1�../ q 7 Tequesta, Fl. 33469 / Dear Scott, Pursuant to our conversation I hereby wish to request abandonment of the 30'Village easement to the • west of my property at 308 Tequesta Dr. The reason for my request is to allow me to better comply with Ord. 377. According to my records, the adjacent property owners are; Lot 22,PCN 60434030030020220,Douglas Girvin 10358 Trailwood Cir., Jupiter,Fl. 33458 Lot 15-21 PCN 60434030030020150,Robert Cromwell PO Box 60, Jupiter,Fl. 33468 As you requested I have sent letters of consent, legal description, and copy of the plat,to the various utilities, copies are enclosed. My filing fee of$250.00 is enclosed. Sincer y, • Neal Vander Waal, G.R.I. Broker/Owner ° F9 4: Village of Tequesta eritu //yy Community Development Department,Planning Division "CO 357 Tequesta Drive; Tequesta,FL 33469 P.r,, Phone: (561)575-6220 FAX: (561)575-6239 °,, ....'-':..L.:4-C:I.S'e;,7- / •. 197 Power of Attorney for Right-of-Way Abandonment L r0 ,. ,/ /� Name of Applicant: /�,� �� I�CLC[.� Mailing Address: c3O k 'its D s7,, Home Phone: 7 �- Work Phone: 7 Q�<6 V 3 -Ds-7 z Property Address (descripticln): Name of Agent: P Oa-, Home Phone of Agent: 7 r. r ez?ccQ Work Phone of Agent: 7/3-0.3-77 - The Undersigned,being the true Applicant for the reat property described above,does hereby grant unto the Agent, stated above,the full right and power of attorney to make application to the Village of Tequesta for a right-of-way abandonment petition/request and act as the representing agent for any subsequent processes for said property: It is understood that limitations, conditions and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any application/petition proceeding to limit the Applicant to only allow themself the opportunity to apply for a right-of-way abandonment petition/request. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Community Development Department,Planning Division. IN SS WItEREOF THE UNDERSI NED HAVE SET THEIR HANDS AND SEALS THIS a DAY F /U o v e rh a ._ .e4 ,,,,,i, Applicant 6 2 3- �.2_ ess i— v 6- 11µ 2 7 Before me the undersigned authority personally appeared the Applicant named above who upon being duly sworn acknowledged before me that they are the true Applicant for the real property described above and that they ex uted the ower of attorney for the purposes stated therein. Sworn and subscribed this day of 0) • 19 7 i.)471a4astAck_e_ 10_,:t4,.& Notary Public SEAL ��t18Y Pt KIN MARY ALICE WILS My t.'•nrrnIssion CC347007 (1/97)abandon.poa-DAP * i *. Expiros Feb.23,1998 Planning Division I Poe Bonded by ANB 3 'Pi' F R le800-852-5878 4:, ,. , FE COP :,,,,„:„.,,_,,,„ 0 1. .4, rt4:0 „. Loxahatchee River lif tri t cfm 4 0tk � � 'd b2500 Jupiter Park Drive,Jupiter,Florida 33458-8964 �'� w c.,,Telephone(561)747-5700 Fax(561)747-9929 ® ;.:a.i ,•ya co �1 D� . Richard C.Dent,Executive Director i:.5\- foe• Award Winning Regional Wastewater Facility October 21 1997 Best in Nation,E.P.A. Best in State,D.E.P. Village of Tequesta Building Department P.O. Box 3273 Tequesta, Florida 33469 Attention: Scott Ladd , Re: Abandonment of Right of Way Dear Mr. Ladd: This office has been contacted by Mr. Neal Vander Waal concerning the abandonment of a 30' right-of-way(alley), located south of Tequesta Drive and west of Cypress Drive. Please be advised that this District has installed, operates and maintains sanitary sewer lines in this right-of-way and would object to the abandonment of this public property at this time. Mr.Vander Waal may wish to explore this matter further with the District, to assure that provisions be made for the District's facilities, and the future maintenance thereof. Please feel free to contact me should you have any questions regarding this matter. Sim ly, /- o R. r s Deputy ctor • Loring E."Snag'?Holmes Matt H.Rostock Joseph O.Ellis Richard C.Sheehan Sawyer Thompson,Jr. • Board Member Board Member Chairman Board Member Board Member Florida Power & Light Company, 100 S. Delaware Blvd., Jupiter, FL 33458 IFpLECOP . r FILY Oct. 31, 1997 Scottt Ladd yWY Yt Village of Tequesta Building Dept Re: 308 Tequesta Dr. Tequesta, Fl Dear Mr. Scott, I received a letter from a Mr. Neal Vander Waal, pertaining to the above mentioned address 308 Tequesta Dr. He is petitioning the Village to abandon a 30' right of way which is located adjacent to his property. I have not seen a survey of this property only a plat that does'nt show an easement for our facilities, which would be required if you intend to eliminate this 30' right of way. The easement would need to be described as 10' in width along the center line of our facilities & the length of the alley right of way. After this easement has been excuted and recorded please send me a copy. If you have any questions please call me at 575-6344. Sincerely, 4o-.eph E. Drag Distribution Tech FILE COPY © BELLSOUTH BellSouth Telecommunications,Inc. Room 501 326 Fern Street West Palm Beach,Florida 33401 November 14th, 1997 • Village of Tequesta Building Department Attention: Scott Ladd ® `'* PO Box 3273 357 Tequesta Drive Tequesta, Fl. 33469 ' 5.fr cfsl Re: BellSouth facilities %NI Mr. Ladd In response to a request sent to us by Vander Waal Realty, Inc., we have reviewed our records and determined that we have aerial cable facilities in the north most eighty five feet of the thirty foot easement located south of El Portal Drive (Tequesta Drive) and between Fiesta Avenue and Railroad Ave (Cypress Dr). BellSouth needs to keep and maintain these facilities to provide telephone service to adjacent customers, therefore we object to the petition to abandon that part of the easement. If you need any additional information, please call me at (561) 745-5542. Regards, Ricardo Ramos BellSouth Engineering, Jupiter (561) 745-5542 cc Neal Vander Waal - Vander Waal Realty, Inc - Fax (561) 743-2341 RECEIVED ,„ rE, FILE t;Urj,, - ePt a pi, VILLAGE OF TEQUESTA "f WATER DEPARTMENT \ °C T 2 y 1997 Post Office Box 3474.357 Tequesta Drive 1'4�a• G Te uesta,Florida 33469-0474• (407) 575-6234 � F�M co" ' Fax: (407) 575-6239 BLDG. DEp October 23, 1997 Mr.Niel VanderWaal VanderWaal Realty,Inc. 308 Tequesta Drive, Suite 1 Tequesta, Florida 33469 RE: Abandonment of 30 Foot Right-of Way. Dear Mr. VanderWaal: Please be advised that the Village of Tequesta Water Department has no objection to abandonment of this referenced easement. Our nearest water mains to this location,lie within the right-of-way of Tequesta Drive. Should you have any questions,please feel free to give me a call. Sincerely, Thomas C. Hall Water System Manager TCH/tls c: Scott D. Ladd,Building Official, Department of Community Development 102397vanderwaal F ,.• „waft /4F. VILLAGE OF TEQUESTA Post Offio: Box 3'7? • 357 Tcque.ta Dnxe Tequesta. Florida 34O4-U2': • 14U-1 57:.o=011 *-A-_ 10°- FAX. 1311'i 575-h203 eo`M+ POLICY NO. 1-90/91 November 1, 1990 APPROVED: Thomas G. Bradford, Vi age Manager TITLE: Procedures for Applications for Abandonment of Dedicated Public Property Within the Village o-t--Tequesta OBJECTIVE: To establish clear regulations and written procedures for the processing of applications for the abandonment of dedicated public property within the Village of Tequesta. RESPONSIBILITY: The Building Official shall be responsible for the administration of this Procedure. The Village Attorney shall be responsible for the legal advertising of the Public Hearing, the preparation of the appropriate Resolution for the Village Council and necessary follow-up based on Council action as set forth in the Procedures. The Village Clerk shall be responsible for providing a copy of the Resolution to the appropriate officials as set forth in the Procedures. The Director of Finance shall be responsible for proper handling of all fees. PROCEDURE: I. Initiation A. Meeting before formal filing of application with Department of Public Works, Building and Zoning Department and others, as necessary, to identify problems and questions. B. Letter of application to the Building Official by applicant(s) or authorized representative (Power of Attorney required, if representative), which includes the following: 1. Complete reason for abandonment to be stated. 2. Check made payable to the Village of Tequesta in the amount of $250 to cover direct costs and processing by the Village. 1/1' Policy No. 1-90/91 November 1, 1990 Page 2 - C. Scaled exhibits and documentation sufficient in scope to show: 1. Area involved (plus complete legal description). 2. Abutting property owners (names and addresses) . 3. Letters of Consent from Florida Power and Light, Southern Bell Telephone Company, Natural Gas Utility, if applicable, Tequesta Water Department, and CATV franchisee. 4. Existing utilities or improvements, if any, in area involved. If utilities and improvements need to be relocated, all details regarding same should be identified, including dedication of new easement(s), including legal description(s), and other actions, as required. NOTE: Twenty (20) complete copies of Application should be submitted to the Building Department for the Village Council and administrative processing, at least thirty (30) days prior to Council meeting at which same is to be considered. II. Review A. Memorandum from Building Official and complete copy of Application will be forwarded to the following for review and written comments. 1. Department of Public Works 2. Village Engineer 3. Village Manager's Office 4. Police Department 5. Village Attorney 6. Village Clerk 7. ' Building and Zoning Department (to consolidate all comments) • Ir A Policy No. 1-90/91 November 1, 1990 Page 3 - B. The Building Official shall provide letter of notification, with complete copy of application, to each abutting property owner, advising of application and inviting comments in writing and/or verbal comments at . Council meeting when same is to be considered. This letter of notification should be_ sent via certified return-receipt-requested mail and mailed approximately two (2) weeks prior to date of meeting for Village Council consideration. III. Public Hearing - A. Building Official shall request legal advertising by Village Attorney (once, at least two (2) weeks prior to Hearing, or as the Village Attorney may direct for appropriate advertising) . Hearing will usually be at regular Council meeting. B. Village Attorney to prepare appropriate Resolution for Village Council consideration. C. Applicant . or authorized representative to appear at Public Hearing to briefly present Application and answer questions. D. The Building Official will provide to the Village Manager's Office composite written comments and recommendations, include six ( 6) copies of the application as support documentation for the agenda of the Village Council meeting. The Building Official will then present the aforementioned comments and recommendations at the Village Council meeting. E. Village Council action. F. Necessary follow-up based on Council action, if required: 1. Village Attorney to advertise Resolution. Policy No. 1-90/91 November 1, 1990 Page 4 - 2. Village Attorney to record Resolution and any related documentation in Palm Beach County Public Records and provide recorded originals to the Village Clerk. Village Clerk will provide copy of same and memorandum of transmittal, noting date of Council action, to individuals and Departments who have reviewed the application and to the Applicant. 3. Village Clerk will provide a recorded copy of the Resolution of Abandonment to the County Engineer's Office, County Administrator's Office and others, as may be necessary, including utility companies listed under Item I.C.3. TGB/jmm PREPARED BY/RECORD AND RETURN TO: JOHN C. RANDOLPH,Esquire Jones,Foster, Johnston& Stubbs,P.A. Post Office Box 3475 West Palm Beach,Florida 33402-3475 WILL CALL#85 • RESOLUTION NO. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE THIRTY FOOT ALLEY LYING WEST OF LOTS 1, 2, AND 3, BLOCK 2,JUPITER IN THE PINES, SECTION C, AS RECORDED IN PLAT BOOK 26, PAGE 19, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA WHEREAS,a petition has been made to abandon and vacate a portion of the thirty foot alley lying west of Lots 1, 2 and 3, Block 2, Jupiter in the Pines, Section C, in the Village of Tequesta,as recorded in Plat Book 26,Page 19,Public Records of Palm Beach County,Florida, over and across land more fully hereinafter described; and WHEREAS, the Village Council of the village of Tequesta does hereby find and determine that the necessity for the thirty foot alley located on the following described property is no longer necessary and does not serve any public purpose,nor is it necessary for public use; and WHEREAS, the Village Council desires to abandon the alley, subject, however,to an easement in favor of BellSouth, Florida Power & Light and the Loxahatchee River 1 Environmental Control District to assure provision for the installation, operation, repair and maintenance of these companies' facilities. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,FLORIDA, as follows: Section 1. A portion of that certain thirty foot alley located west of Lots 1,2, and 3,Block 2,Jupiter in the Pines, Section 2,in the Village of Tequesta, as recorded in Plat Book 26 Page 19, Public. Records of Palm Beach County, Florida, more particularly described as follows,to-wit: A PORTION OF THE THIRTY FOOT ALLEY LYING WEST OF LOTS 1, 2 AND 3, BLOCK 2, ACCORDING TO THE PLAT OF JUPITER IN THE PINES, SECTION C, AS RECORDED IN PLAT BOOK 26, PAGE 19, PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 5.0 FEET THEREOF FOR RIGHT-OF-WAY OF TEQUESTA DRIVE. CONTAINING 5487 SQUARE FEET, MORE OR LESS, AS FURTHER REFLECTED UPON THE SURVEY ATTACHED HERETO AND INCORPORATED HEREIN be and the same is hereby vacated and abandoned,subject to an easement in favor of BellSouth, Florida Power and Light, and Loxahathcee River Environmental Control District("ENCON") to assure provision of an easement for the installation,operation,repair and maintenance of these companies' facilities. Section 2._ The Village Clerk is hereby authorized to record this Resolution pursuant to law. Section 3. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The Resolution was seconded by 2 F Councilmember and upon being put to a vote,the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of May, 1998. MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Village Clerk 3 • '1 . 1 • • • .. . . . 2' CONC. L/( 1 ,,,:r 1 CURB 6 GUTTER B L 0 C • %`b_�j1 CONC. �' K 1," II WALK c' FOUND IRON ROD 2 STORY C,� K !IL 40' CAP IXOCBS BUILDING ialftim, LOT 1 LOT 2 alleaft I 40- K LOT 4 a�j FENCE L 0 T 3 IT ' 0. 5' EAST CATCH `� ` OVERHEAD DUMPSTER D I POWEROVERHLINE BASIN o1. FENCE ..---POWER LINE , x � 1 R/W PLATTED � J MANHOLE R/W / — SANITARY '� MANHOLE N / b 11 i OVERHEAD _- _-,r -- -......= -- ;PP �-�--•POWER�L_I NE_ PP , i L _ �,�; _ r / S22°41 '52_e�_E 1 8�7: 04�— _ fOUMPSTER N67° 1 e' 09" E Jr POWERHEAD I ELEC. WATER PARKING / SER. TANK STOP (TYP Imo] , 30. 00' °' SANITARY L 0 T 2 2 ti MANHOLE o -�, SPRINKLER PUMP i I \ ; 1BLOCK 2 CONC. SPRINKLER WALK • u 2 -STORY 2 STORY > WELL Z >Ci CBS BUILDING LEGEND GRASS _ CBS BUILDING SET PK—DISC LB • 2799 LOT 21 4 LOT 20 SET 5/13' IRON ROD/CAP LB 2799 0--) POWER POLE & GUY ;' CENTERLINE / ELEC. ELECTRIC SERVICE STAIRS CO COVERED CONC. CONCRETE SURVEYOR ' S NOTES: UP LEGAL `D ES C R R/W RIGHT—OF—WAY I P T I 0 N • • WM WATER METER 1) UTILITIES SHOWN HEREON ARE VISIBLE ABOVE GROUND PP WOOD POWER POLE FEATURES. THEREFORE. ADDITIONAL SUB-SURFACE UTILITIES C.B.S. CONCRETE BLOCK STRUCTURE OR STRUCTURES MAY EXIST. A PORTION OF THE 30 FEET ALLEY LYING x W1RE FENCE WEST OF LOTS i, 2 AND 3, BLOCK 2, WOOD FENCE 2) NO TITLE POLICY OR COMMITMENT' AFFECTING TITLE OR BOUNDARY TO THEOPDINES. TSECTIONLC. AS RECORDED N EA L VA N D E R W AA L - ASPHALT THE SUBJECT PROPERTY HAS BEEN PROVIDED) IT IS POSSIBLE THERE PLAT BOOK 26. PAGE 19, PALM BEACH ARE DEEDS AND EASEMENTS. RECORDED OR UNRECORDED. WHICH COULD COUNTY, FLORIDA. LESS THE NORTH 5. 0 AFFECT THIS BOUNDARY SURVEY. FEET THEREOF FOR RIGHT-OF-WAY OF I HEREBY CERTIFY TO EACH OF THE ABOVE THAT. A SURVEY OF THE PROPERTY DESCRIBED TEOUESTA DRIVE. HEREON WAS MADE UNDER MY SUPERVISION AND THAT THE SURVEY MEETS THE 3) NO RESPONSIBILITY IS ASSUMED BY THIS SURVEY FOR THE CONSTRUCTION MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA MARC OF PROFESSIONAL OF IMPROVEMENTS, FROM BUILDING TIES SHOWN HEREON. CONTAINING 5487 SQUARE FEET, MORE OR LESS. LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA TRATIVE r 9 PURSU T TO SECTION 472. 027. FLORIDA STATUTES. / Xt., F DRAWING REVISIONS: SURVEY 23 JANUARY 9e. • / - Z 3 -5171' (.4, [INTER—OFFICE USE ONLY) DATE OF FIELD SURVEY BAN W. DAILEY -- ,/ DA I LEY AND ASSOCIATES.` I TYPE OF SURVEY: BOUNDARY DAI LEY SCALE: 1' - 20' FLORIDA LAND SURVEYOR NO. 2439 - ELEVATION DATUM: N. G. V. D. 1929 AND ASSOCIATES,INC. DRAWN BY: M. NOTT I NGHAM THE PROPERTY DESCRIBED HEREON IS AS FURNISHED AND NO SEARCH OF THE PUBLIC FLOOD ZONE: 1C° i25ii9 0003 E SURVEYING & MAPPING FIELD BOOK: 141/1-3 RECORDS OR DEVELOPMENT REGULATIONS HAS BEEN MADE BY THIS OFFICE. THIS SURVEY 112 N. U.S. HIGHWAY No. i IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. WESTERLY LINE OF LOT I. T A. FLOR IDA 33469 JOB No. 88-538_1 BASIS OF BEARING: BEINGS 22°41'51" E •, PHONE:PHONE: (56!] 746-8424